Ex Parte Davis

Carl Davis, petitioner, was convicted of arson, second degree, in violation of Code of Alabama 1975, § 13A-7-42, and was sentenced to ten years in the state penitentiary. The Court of Criminal Appeals affirmed. 531 So.2d 65. We issued the writ of certiorari to review the following issues:

A) Did the trial court err in not granting Davis's motion for directed verdict of acquittal after the close of the state's case because of the circumstantial nature of the state's evidence?

B) Did the trial court err in not granting Davis's motion for a mistrial based on two juror's changed votes during the…